Dealing with a Second DUI Charge in Kendall? You Need an Experienced Lawyer on Your Side
Getting arrested for DUI once is bad enough. But a second time? That can feel completely overwhelming. Believe me, I get it. The legal consequences get a lot more severe with a second offense. Your license will probably get suspended. You may even face jail time.
It’s more important than ever to have an experienced DUI lawyer in your corner. The legal team at Johnson & Associates has helped hundreds of clients in Kendall and Miami-Dade County beat DUI charges. Even second or third offenses.
In this article, I’ll walk you through everything you need to know about fighting a second DUI in Kendall. From the charges you’ll face, to potential defenses that could get the case dismissed or reduced. I’ll also explain why having the right lawyer makes all the difference.
The Charges and Penalties for a Second DUI in Kendall
Under Florida law, a second DUI conviction within 5 years of the first is a misdemeanor criminal offense. But the punishments jump way up compared to a first offense.
Here’s an overview of what you’ll be looking at:
- Up to 9 months in jail – Unlike a first DUI, which has no mandatory jail time, a judge can sentence you to up to 9 months for a second offense.
- Fines up to $2,000 – The maximum fine increases to $2,000 for a second DUI. Most people end up paying around $1,500.
- License suspension for at least 5 years – A second DUI means an automatic driver’s license suspension of at least 5 years. You can apply for a hardship license after 1 year, but that’s still a long time with no driving privileges.
- Ignition interlock device – To get your license back after a suspension, you’ll have to pay to get an ignition interlock device installed in your car for up to 2 years. This tests your breath for alcohol before allowing the car to start.
- DUI school and treatment – For a second DUI, you’ll have to complete DUI school, and you may be required to attend alcohol counseling or treatment too. You pay for these costs out of pocket.
- Probation – Second DUI offenders are frequently sentenced to 12-24 months of supervised probation. That means regular check-ins with a probation officer and random drug/alcohol testing.
As you can see, a second DUI conviction makes life very difficult. The costs, license suspension, and probation drag on for years. That’s why fighting the charges is so important.
An experienced lawyer can help you avoid these penalties by challenging the arrest and raising defenses. Keep reading to learn more.
Fighting a Second DUI Charge with an Aggressive Defense
The prosecution has to prove every element of a DUI beyond a reasonable doubt. An attorney from Johnson & Associates will dig deep into the details of your arrest to find weaknesses in the state’s case.
Here are some of the most effective legal defenses we use in second DUI cases:
The traffic stop was illegal
Cops can’t just pull you over for no reason. They need “reasonable suspicion” that you committed a traffic violation or crime. If the officer didn’t have proper cause to stop you in the first place, we can argue the whole DUI arrest was illegal. Any evidence they obtained gets thrown out of court.
Issues with field sobriety tests
The roadside field tests like standing on one leg or following a pen with your eyes are totally subjective. We can fight the results by pointing out problems like:
- You have a medical condition that affects balance or coordination
- The officer didn’t properly demonstrate or explain the tests
- The weather, terrain, or your footwear made the tests harder
- The officer scored the tests unfairly
Without solid field test evidence, the DUI case gets much harder for the prosecution.
The breath or blood test was inaccurate
The breathalyzer or blood test results can be challenged as well. We look closely at:
- Whether the machine was properly maintained and calibrated
- If the officer administered the test correctly
- Possible medical conditions like acid reflux that could cause a false high reading
Attacking the breath or blood evidence can create enough doubt to beat the charges.
You weren’t actually impaired
Even with a high BAC reading, we can dispute that you were truly impaired. High tolerance for alcohol, lack of driving errors, and good performance on field tests help show you weren’t actually “under the influence.
“The key is finding the flaws in the arrest and testing procedures. An experienced DUI lawyer knows how to uncover issues the untrained eye would miss. That’s reasonable doubt that can win your case.
Why Hiring a Lawyer is Essential for a 2nd Offense
Trying to navigate a second DUI charge alone, without an attorney, is extremely unwise. Here are some key reasons why:
- You face jail time – Unlike a first offense, judges can sentence you to months in jail for a second DUI. Having a lawyer fight to keep you out of jail is crucial.
- A conviction has lasting consequences – The license suspension, fines, and ignition interlock device will impact your life for years. A lawyer can help minimize the penalties.
- Prosecutors get tougher – The State Attorney’s Office handles second DUIs much more aggressively. They know the stakes are higher. An attorney levels the playing field.
- You need expert negotiation – With a second DUI, prosecutors are less likely to offer a plea deal or reduction. An experienced lawyer knows how to negotiate firmly and effectively.
- DIY defenses often fail – Challenging DUI evidence requires detailed legal knowledge and expertise. Most self-defense attempts are unsuccessful.
With so much on the line, why take chances trying to fight a second DUI alone? An attorney can defend your rights, freedom, and future.
How an Attorney from Johnson & Associates Can Help Beat Your Charges
The seasoned DUI defense lawyers at Johnson & Associates offer a proven track record and a wealth of experience fighting second DUIs in Kendall and throughout Miami.
We know the prosecutors and local courts inside and out. We’ve successfully challenged hundreds of DUI cases by finding creative defenses and holes in the state’s evidence. Many of our clients have had their charges completely dismissed.
If you’re facing a second DUI charge, we can help by:
- Thoroughly reviewing your arrest – We dig through the police reports and procedures with a fine-tooth comb looking for mistakes, omissions, and violations of your rights.
- Gathering evidence – We collect video footage, documents, and testimony from witnesses that contradict the officer’s version of events.
- Conducting independent testing – We re-examine the breathalyzer machine and crime lab procedures to prove their results are flawed or unreliable.
- Negotiating with the prosecutor – We leverage our relationships and track record to negotiate strongly for reduced charges or a dismissal.
- Taking your case to trial – If necessary, we’re not afraid to take your case before a jury and fight for an acquittal. We’ve won many DUI trials.
The consequences of a second DUI conviction are simply too great to leave your defense in anyone else’s hands. For immediate help protecting your future, contact the legal team at Johnson & Associates 24/7 for a free case review. There’s no time to waste – call today!